I got my disability!....(with a catch)

[Captain Deb]

First the good news...the friggin Social Unsecurity Misadministation finally approved me for disability due to unrelenting headaches from my AN surgery in January of 03.  Now I get a whoppin' $600 a month and Medicare which covers hospital stays and procedures and doc visits but no prescriptions.

Now for the bad news. .They've managed to screw me out of $22,600!!!!   When I became disabled I was a self-employed working artist with a large painting inventory which continued to sell even though I couldn't paint and they decided to consider the start of my disability was when my inventory ran out! June of 06. Financial instead of physical. They decided to wait till I was ruined financially to start paying me benefits. Ain't that sweet. My lawyer is livid! He says they have to pay for the war some way! I'm getting a whopping $7500 instead of $30,100.  He says SS is doing these partial retroactives to all his SSD clients lately and he's had to lay off his secretary.

I have to make the decision in the next few days whether to appeal this or not. I'll get the same judge--it took her a year to think this one over--do I want to wait another year? There are a number of other factors at play here which I can't go into here, like documents that her office says she never recieved which is crap.

I've been putting my medical and prescription bills that my insurance won't cover on 2 credit cards that $75friggin00 won't begin to touch, but it's a start. And I am able to work a little, but not much lately as I have been giving myself a Neurontin break.

I have very mixed feelings right now and will stay in touch.

Hugs to you all,

Capt Deb

[leapyrtwins]

Capt Deb -

it's hard to know what to say.  My first inclination is to say "Congratulations", my second inclination is to agree that "Yes, you got screwed" 

While it's great you have finally won the battle, it sure sounds like the judge isn't playing fair.  I'm not sure what I'd do in your position.  While it's tempting to go back for an appeal, the idea of having the same judge makes me wonder if she'll be biased from the beginning.  Hopefully your lawyer will have a lot of insight into this and can help you go in the right direction.

Best of luck,

Jan

PS - love the "wonkyhead" - it should become the international symbol of ANs 

[Captain Deb]

Yes I agree. Those paintings were my "savings account." Do they do that to people with savings accounts that become disabled? Wait till their savings accounts are totally used up before they start their retroactive benefits? I think NOT!!!  Unfortunately, the problem is I have no way to document that I did NOT paint them, other than pages and pages of medical reports stating that I was unable to function or get out of bed or tie my shoes and the testimony of my docs and my honest hard-working state-emplyee husband. I didn't take pictures of the dates on all the paintings or hold up newpapers next to them while I took the pictures, although I did keep an inventory.  I guess they figure everyone just LIES and you have to document your innocence. The lawyer says there is a slight chance if I appeal I could lose the whole shebang.

I'm thinking more along the lines of a compromise, like give me all of 2003 and I'll shut up.  My gallery owner will back me up on this as will all of my docs.

Jan I'm glad you enjoy the Wonkyhead.  Feel free to copy and paste her anywhere you want. I'll message you the code if ya like!

Capt Deb

[Sue]

Dearest Captain Deb,

When I read just the very first of your post, that's the FIRST thing I thought of, was that they have to pay for a war!  And then, you said your lawyer thought of that.  It's probably what we all thought at first!    I am so sorry that you didn't get your full entitlement, and that your choices are limited and, actually, scary (possibly losing it all!).  Why on earth they are doing this to you, I haven't a clue.  If you were disabled in any other way, this probably wouldn't have happened this way.  Of course, you would have gotten disability right away in that case....but you know what I mean.  Disabilities they can't "see" are the ones that have the most trouble, I guess.  Best of luck with the decisions you will be making soon and I am sending you massive "huggles" to you.  I also love the idea of your Wonkyhead being the AN mascot.  It's great!!  Did you create this  or did you find it somewhere? 

I'm pretty happy that I'll be getting my own SS check.  Not disability, but Social Security.  I am one of those darn Baby Boomers who are going to suck the SS dry.  I'm happy I have a shot at my share of the loot, which isn't much, but it's my share, darn it all!

Hang in there, Cap't.   We luv ya! 

Sue in Vancouver

[Raydean]

(Now I get a whoppin' $600 a month and Medicare which covers hospital stays and procedures and doc visits but no prescriptions.)


Hi Deb

Congratulations, sounds like you won the largest battle.  I don't see why you wouldn't be eligible for
Plan D, which is the prescription coverage.  A is the basic doctors stuff that is covered at 80%, B is for the stuff that A doesn't cover, hospital and the such, and D is for Drugs.  Please recheck because you could very well be covered to some degree.  Gather up your prescriptions and figure out which plan covers what you re taking the best.  Good Luck, there's a zillion of them. Sometimes a pharmacy will help sort thru the plans for you.  Anyway it might be something that you want to check into.  If you should chose Plan B  and D there is a cost,  will be deducted from your check. Some Doctor's are reluctant to take "just Medicare only" since reimbursement is so low.  We found that having supplemental insurance helped in that area.

You might want to re examine your current health coverage.  It might be cheaper for you to drop to a medicare supplemental plan to cover the gaps, rather then to maintain your current coverage.
You might find that the combined coverage is equal to what you have now, but at a lower cost.  One disavantage is that with most supplemental plans the patient is responsible for the first $900. yearly of hospitalization.  AARP has some good plans that might be worth looking into, or your insurance agent might be able to help you

One other wonderful piece of advice (said with tounge in cheek)  check with your accountant regarding  at what  point your Disability becomes taxable based on your's and Doctor Love's combined  income.  Yep, it's true.  We found that one out the hard way one year.

They should send you out info that will help explain it better.   Congratulations again.

Hugs
raydean   

[Brendalu]

Capt Deb,

First of all, your judge is an idiot, but then you already knew that.  I have been reading a lot about the SSD judges in some of the states.  You got more on your Medicare than I did.  Mine only covers hospital stays, no doctor visits, or anything else and my other insurance pays first.  I'm glad I have that.  Is the $7500 before or after the attorney gets his 25%?  I was very disappoint when I finally got my check.  It was more of a shock when I got my "W-2" from SSD!  It says I got $49,500 from them!  I didn't, not even close, but now we have to file late because they have to investigate!!  I think they must be sending the paperwork to India to be done! 
I hadn't heard of only giving partial awards, that isn't fair.  I would think of your inventory as a savings account ,also.
I think I would get your Congressmen or women involved, they help more than people realize and that's what we pay them for.
Massive hugs to you.  I would probably cash the check before it bounces.................................
Hugs,
Brendalu

PS  I love the Wonkeyhead!

[Captain Deb]

First of all thanks to all who replied. Secondly, I just got the letter which says "you will be eligible for Medicare" and that's that. I have no idea what kind or what it covers only a vague idea from what my atty told me. I just reread the letter from the judge and the word "tennis elbow" appears about 5 times, and thats when she's labelling me as disabeled from..like I was out playing tennis 3 years post op. I got the tennis elbow from knitting trying to make a few extra bucks while I couldn't paint. I spent more on yarn than I made. Still mulling things over.  Could use $20,000 to get out from under the debt of doc bills and prescription bills and get rid of the bifocals that make the wonky head worse!

I sure appreciate the input from everyone--what  would I do without my support system!!!!!!
Capt Deb

[OMG16]

I'm so sorry that you have to go through all of this.  How unfair and so very frustrating.  How can you live on $600 a month and then not have prescription coverage.  Don't they know that is not enough to even pay for prescriptions that you need each month.  I can not believe the tennis elbow got you your disability.  Let us all know what you decide.  Kisses to your forehead.  16

[Jim Scott]

Hi, Deb:

Thanks for the update on your Social Security Disability woes.  At first glance, it looks as if you finally got a 'win' but in reality, it's more like 'one step forward, three steps back', which is as unfair as anything can be.  The decision to appeal the ruling is yours to make - I have no advice to offer...it's too important a decision and I don't know every facet of your situation.  Of course, I hope it comes out well for you and you receive at least a part of what you should have been awarded in the first place.   

I think the Social Security Administration is concerned about their outlays regarding awards due to the fact that the program is projected (by the SS Trustees) to begin paying out more than it takes in (via payroll taxes) by 2017, not because of having to pay for Operation Iraqi Freedom ('the war').  Of course, that projection is hotly disputed by some but with the growing 'baby boomer' population reaching retirement age and SS disability claims that have grown to 5.5 million in 2007, the projection seems reasonable. However, the way our government wastes money - no matter which political party is in power - makes this Scrooge-like attitude by SS judges even more frustrating. 

My wife went through the SS disability merry-go-round in 1996-97 and although she ultimately received a decent award, it took an attorney and two years to get there.  Fortunately, she had private disability insurance that paid 70% of her former (quite substantial) salary, so we were O.K. while waiting for the SS to get off it's duff.  Ironically, the only reason my wife applied for the SS disability benefit was due to the fact that her private insurer demanded she apply because SS was an 'entitlement'.  Although they initially paid her as contracted, once she received the award and the retroactive funds, they demanded she return a portion of what she had received that SS would have covered (about 40% of the total she was supposed to receive from the private insurer....70% of her full-time salary).  She paid it.  No problems since then.   

I sincerely hope you find justice in your attempt to get a fair financial award for what you've lost, Deb.  You certainly deserve it.

Jim

[Brendalu]

Capt Deb,
What would any of us do without this support system???  I just looked through my file of SSD stuff and if I hadn't had any prescription coverage I could have gotten it now through Medicare.  Also, now that you have been "awarded" the SSD, you can get help paying for the drugs, actually, a big break in the prices, by contacting the manufacturers of the drugs you take.  Afriend of mine just got her first supply and she paid $5 for three months worth of a drug that she used to pay $247. a month for.  There is hope.  (My drug copays for everything I take each month comes to $485.00 and then the doctor's visits each month comes to $250.)  It is h_ _ _ to be in this shape, but better than not being here!!!
Hugs,
Brenda

[Captain Deb]

Been mulling this over for several days now and I'm swaying to the side of "take the money and run" even though my lawyer would rather drag it out so his feee would be more I'm sure.  I see my doc who has been treating my depression on the 31st and I'm sure she will agree with me to get some closure on this matter as it has been a huge weight on my emotional well-being for a number of years.  Thank GOD for you people who keep my spirits up.

Have a Great Easter--a time for re-birth and renewal!

Going to my big brothers house for leg of lamb on the grill--yumm!!!!!


Capt Deb

[Raydean]

I just noticed in the advertisement for Walgreens that they are offering 300 different kinds of generic
 drugs for $12.99 for a 90 day supply for persons without coverage for drugs.  It might be a good deal. for those without coverage and worth looking into.

Hugs
Raydean

[leapyrtwins]

Been mulling this over for several days now and I'm swaying to the side of "take the money and run" even though my lawyer would rather drag it out so his feee would be more I'm sure.  I see my doc who has been treating my depression on the 31st and I'm sure she will agree with me to get some closure on this matter as it has been a huge weight on my emotional well-being for a number of years.

Good point, Captain.  There's a lot to be said for peace of mind and emotional well-being. 

[Captain Deb]

Called the lawyer today....it's a done deal.  I'm taking the money and running!  I spoke with my wonderful GP who's been treating my depression (and who has been out of commission all winter which was why my depression got out of control, too) and she counseled me to take some stress out of my life by lifting this burden off my shoulders and settling it. I haven't been up in the studio forcing myself to paint in several months and my headaches have decreased in frequency and intensity, so she really wants me to stop pushing myself and quit feeling guilty that I can't contribute income to my family right now.  Paying for my own health insurance by working for it is just not an option any more. Being the financially independent woman that I have always been is not an option either.  I just need to surrender to what is.

I so appreciate the love and support of every member of this forum family who help me stay sane and grounded, and remind me that I'm never alone in all this.

Love and hugs,

Capt Deb

[OMG16]

I know how hard it is to have to surrender when things are just not fair.  I have learned since saying enough and letting go of all that stress that was in our lives that we as a Family were able to let go and move on.  We could not heal completely emotionally until we did that and looking back it was the best decision for all of us to drop the lawsuit and move on to healthy emotional living.  It is just so unfair sometimes and again we had to know that we did our best and except the lives we have now and now each of us are almost whole again emotionally anyways.  Hang in there and just know that we all care so much for you.  You are an amazing women even with the limitations that you have and I think you have earned the right to have someone take care of you for a change.  Forehead kisses will keep coming your way as long as you need them.          16